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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)

Citation
Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Parent Document
Aras v. B-U Realty Corp., 2023 NY Slip Op 04917 (2023)
Jurisdiction
New York (state)
Effective Date
2023-10-03

Other Sections in This Document (169)

Full Text

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With respect to apartment 8A, the Menapaces were notified that their unit would be deregulated in 2013. However, the fact the amended registrations dating from 2006 listed a different legal regulated rent than from what they actually paid is of no moment (Regina, 35 NY2d at 360 [the "use of a potentially inflated base date rent, flowing from an overcharge predating the limitations and lookback period was proper in the absence of fraud"]). On this record, these plaintiffs have not presented sufficient evidence of fraud as a matter of law to render the base date unreliable.